Hornes v. Wendt, No. 05-7111 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7111 MICHAEL ERIC HORNES, Plaintiff - Appellant, versus KEVIN, WENDT, Warden; M. ARNOLD, Captain; D. BROWN, I.S.M.; A. TEMPLES, S.O.E.; YEAGER, Tech; M. VELTRI, Unit Manager; D. JONES, Case Manager; J. OSTEEN, Case Manager; R. REED, Counselor; J. MULLER, Officer; UNKNOWN MAIL ROOM WORKERS; T. PAGE, Officer; UNKNOWN OFFICERS; DEEDS, Counselor; M. WHINNERY, Officer; UNKNOWN SHU OFFICERS, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. W. Craig Broadwater, District Judge. (CA-04-261-1) Submitted: January 26, 2006 Decided: February 1, 2006 Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael Eric Hornes, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael Eric Hornes appeals the district court s order dismissing his Bivens* action without prejudice for failure to pay the filing fee in accordance with 28 U.S.C. § 1914 (2000). reviewed the record and find no reversible error. We have Accordingly, we affirm for the reasons stated by the district court. See Hornes v. Wendt, No. CA-04-261-1 (N.D.W. Va. July 7, 2005). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED * Bivens v. Six Unknown Named Narcotics, 403 U.S. 388 (1971). - 2 - Agents of Fed. Bureau of

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